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Biographical Sketches 



OF THE 



Madison County Bench and Bar 



AN ADDRESS BY 
B. FITCH TOMPKINS, ESQ. 

(Clerk oi the Surrogate's Court) 

Delivered before the Madison County 

Historical Society at the Court 

House in Wampsville 

April 19, 1911 



Published by the Madison County Historical Society 
Oneida. New York, 1911 



l\/i ' 



1911 

THE ONEIDA DISPATCH PRESS 

ONEIDA. NEW YORK 



Otft 
.h® Soeldf 

7 0EC1912 



INTRODUCTION 



This little booklet contains an interesting address by 
B. Fitch Tompkins, Esq., Clerk of the Surrogate's Court of 
Madison County, delivered before the Madison County 
Historical Society April 19, 1 9 1 1 , at the Court House in 
Wampsville. It was prepared by the author with much 
care, research of records and painstaking, with a view of 
being thoroughly reliable and correcting several errors of 
historical importance, among other things adding an honor- 
able name to the chain of Madison County judges, strange- 
ly enough overlooked by other local historians. The ad- 
dress is a most valuable acquisition. It has been kindly 
donated to the Society by Mr. Tompkins, himself an hon- 
ored member. 

SAMUEL A. MAXON, 

Secretary 



Forew^ord 

It; 

Ml'. President and Members of the Historical Society: 

I think I ought to apologize for not before attending a meeting 
of the Society, although a member for some years. 

I know some apology is needed for this appearance, for though 
I realize that it is my misfortune I did not attend before, it is prob- 
ably yours that I did this time. 

In searching the records of the past I have discovered that all 
my eight great-grandparents, the Tompkins, Simmons, Fitch, Brown, 
Babcock, I^ewis, etc., families were early pioneers of the county, 
most of them of the Rhode Island Colony of 1793, and have always 
resided here, so 1 account myself a genuine native; and I have be- 
come, perhaps for that reason, intensely interested in these early actors 
on our local life's stage and have discovered some matters of history 
(decidedly profane history, T may say) which I hope I may be able 
to correct and in so doing bore you with some uninteresting details. 
But that I take it is part of the real and serious purpose of our or- 
ganization. 

In these remarks I have taken up the portraits of the Judges 
first and in chronological order, and will devote more time to those 
older ones which are perhaps less known to most of us. 



Judges of Madison County 



iv 



To get in touch with the period and people we are to talk 
about, let us hastily recall that the actual settlement of our county 
commenced about 1790, not long after the Revolutionary War, and 
was thereafter quite rapid. It was the time of the great Napoleon 
in France. In 1806 Thomas Jefferson was President of the IJnited 
States; George Clinton, succeeding Aaron Burr, was Vice-President; 
Morgan Lewis, succeeding George Clinton and preceding Daniel 
Tompkins, was Governor of the State, and John Boone was Lieut- 
enant-Governor. 

The now towns of Hamilton, Madison, Eaton and Lebanon, 
comprising the tirst town of Hamilton, nearly one-fourth the area of 
our county, in 1799 voted a few more than 600 votes; live towns 
made up the county. The population of the county I have not been 
able to learn, but that of the entire State was only between six and 
nine hundi-ed tho\isaud. Roads — if they might be so-called — were 
in their infancy in this locality and the great turnpikes were being 
agitated and (constructed. Indians were numerous, but settlement 
was rapid in this great wilderness, and in 1806, only a little more 
than a dozen years after settlement began, the Legislature set us 
off from Chenango in a division of our own and provided for the ap- 
pointment of our public officials. 

Among the first prominent officials was 

PETER SMITH 

whom we style the First Judge of Madison county. The medallion 
colored bas-relief of his profile hangs at the rear west side of the 
court room gallery and is of considerable age. It was presented to 
the county some years ago by his granddaughter, Elizabeth S. Miller 
of Geneva. He was heavy of build, not tall; and, as you observe, 
had rather stern features, heavy dark straight hair, and large wild 
eyes, almost fierce. 

He was appointed by the "Council of Appointment" on the for- 
mation of our county in March one of the Common Pleas Court 
Judges with four others, and that appointment with its large, heavy 
attached seal is still on file with the County Clerk. His designation 



(8) 

as "First Judge," as distinguished from the other four (aad which 
we are told was perhaps made as a reward for his support of Gos'er- 
nor L<ewis), was not made until later, on June 10, 1807. His oath 
as such is on file, taken July 2, 1807. 

The first court for the new county — and which corresponds to 
our present county court — was held in the school house near Bar- 
nard's at Quality Hill, in the then town of Sullivan, Tuesday, Jime 
3, 1806; and, as the record recites, Hon. Sylvanus Smalley of Sul- 
livan, Peter Smith of Peterboro, Edward Green of Brookfield, Elishu 
Payne of Hamilton and David Cook of Sullivan, Esquires and 
Judges, were all present. Smalley, it seems, was at the time of di- 
vision one of the judges of the old county of Chenango, and had 
been elected one of the assemblymen of our new county, but he did 
not object to holding two important offices at the same time. He 
did not appear, however, at the next term in October at the school 
house near Elisha Payne's in Hamilton. Peter Smith was there; 
and on July 3, 1807, at a term of the Oyer and Terminer Court held 
at Sullivan by Supreme Court Judge William W. VanNess, the 
record recites that Peter Smith, "Judge of Madison County," Elisha 
Payne and David Cook, Assistant Judges, were also present. Here 
was tried Alpheus Hitchcock, the music teacher, for murder. 

Our country was then, as we have seen, a primitive one, and the 
inhabitants actual hardy pioneers, more noted for their enterprise, 
sturdiness and religious zeal than for their learning, and I persume 
this first jurist of our county was fully competent and qualified ac- 
cording to the recjuirements of the times and the demands of his 
fellows. The country had, of course, advaiu-ed some since the 
period Irving tells us about when the early settlers of Connecticut 
proclaimed they would be governed by the laws of God "until the) 
had time to make better," and no doubt our first judge was called 
upon to apply some of these "better" laws our wise legislators had 
already enacted. Whether he was a regularly admitted attorney I 
have not learned, but I am led to doubt it, as before he was thirty he 
had acquired a quasi title from the Indians of a modest strip of only 
50,000 acres, afterwards known as the New Petersburgh Tract; had 
previsously spent three years in New York, a year near Little Falls 
and about ten years in and about Utica in the mercantile business, 
and had become noted as an Indian trader. His spare moments, if 
any he had, must have been before he was sixteen, and his time for 
storing up legal lore was very limited. We also know that he held 
the office of Sheriff of Herkimer county (when Madison was a part of 



(9) 

it) by appoiutraeut February 18, 1795. We are told by historians 
that his knowledge of human nature was profound (which we can 
readily believe) and his mental characteristics such as to enable him 
to judge the right and wrong clearly; his decisions were satisfactory 
and his integrity unquestioned; which would certainly call for no 
apology from the bar because presided over for sixteen years by 
one who might not have been in the iirst instance an admitted at- 
torney. 

The first court when it met appointed two constables to look 
after the Gi'and Jury, received its report of no presentations, and ad- 
journed in a few hours. The next one appointed William Hatch to 
the be-cobwebbed and unless office of court crier, adjourned from 
the school house to the meeting house, and adopted our county seal. 
If these are samples of the arduous one-day sessions, his legal lore 
was not seriously taxed. However, his was later a very busy court 
and he had the distinction of sitting as associate to the Supreme or 
Circuit judges in the murder trials of Alpheus Hitchcock, previously 
mentioned, and Mary or Polly Anthony, as the record has it, or 
"Antone" as she was better known, in 1815. The last tei-m over 
which he presided was at Morrisville, June, 1822. 

His judicial duties did not absorb all of his attention by any 
means, for he was busy selling his land in 50 and 200 acre lots; was 
Supervisor of his town; one of the commissioners to superintend the 
erection of the Hrst court house and gaol at Cazenovia; established 
the first newspaper in the county, the Madison Freeholder, in 1808; 
was interested in many business enterprises of the time, including one 
of the first glass factories. He was pre-eminently a money getter. 
It was said he was probably one of if not the largest land owners in 
the country, having title to between 500,000 and 1,000,000 acres. 
This he secured in many ways — by leasing from the Indians for 99 
years and buying large wild tracts at tax sales. It is said he bought 
at one time 80,000 acres in Oneida county, frequently whole town- 
ships, and $8.40 an acre was the highest he paid for any of it. In 
1819 or 1820 he turned over all of his property to his son Gerrit. 
This consisted of property worth about $400,000 with $75,000 of 
debts. He reserved for himself the income from $125,000, and 
from this start in the few remaining years of his life, and while de- 
voting his time to religious matters, he accumulated a fortune that 
amounted to about $800,000 at his death. 

He was married, February 5, 1792, to Elizabeth Livingston, 
who lived only till August 27, 1818. Shortly afterward he married 



(10) 

Sarah Pogson of Charleston, S. C, who was literary and social in 
her nature, and the union proved most unha|)})y. She soon left him 
and returned to her old home in the South, where she died after the 
Civil War. His son, Peter Shenandoah Smith, named after his 
friend, the famous Indian chief, Shenandoah, was a source of much 
worry to his father because of his erratic ways and lack of business 
acumen and stability, and this son later located in Oswego county, 
where he resided until his death, but his son, (xerrit, whom we shall 
refer to later, well merited the confidence and esteem freely given 
him. 

While this unique judge cared nothing for the so-calleil laws of 
religious institutions, was freijuently, we are told, profane, still he 
was nevertheless very conscientious, strictly honest and fair, and de- 
voted much of his time to labor with the people about religious 
matters and to the distribution of religious tracts — so much so that 
in 1825, after turning over his property to his son, he removed to 
Schene(!tady and spent a large part of his time in later life traveling 
on his religious missions for the American Tract Society, with which 
he was intimately connected and financially assisted. 

Born at or near Tappan, Rockland (H)unty, N. Y., Nos'ember 
15, 1708, he died at Schenectady, April o, 1837, and his remains 
were buried at Peterboro, the beautiful little hamlet he founded, 
which he nurtured and dretuued might sometime be a metropolis of 
the surrounding country. Certainlv this is :i character to remember 
and to study with profit. 

JUSTIN DWINELLE 

Illustrating the comparative youthfulness of our county is the 
fa<'t that in December last the })rofile cast of Justin Dwinelle, tiie 
successor of our First Judge, Peter Smith, was presented to the county 
by his daughter, Miss Louise S. Dwindle, now living at the age of 
eighty-foin* in Cazenovia. This medallion was made from a plaster 
cast taken after the death of Mr. Dwinelle, and is the work of the 
eminent sculptor, Launcelot Thompson, late of New York city, and 
is accounted to be a fine work of art and by his daughter states! to 
be an excellent likeness. 

Judge Dwinelle was born at Shaftsbury, Vermont, October 28, 
1785. He gi'aduated from Yale College in 1808 and entered upon 
the study of law in the office of John Dickenson at Troy. He was 
admitted to the bar iu August, 1811, and the next month removed 



(11) 

to Cazeiiovia and begun the practice of his profession. lu 1S13 he 
nnirried Louisa Whipple of Cazeiiovia, and of their nine children 
sevei-i lived to maturity, five hoys and two girls. Two of the boys 
became doctors and three followetl the profession of their father. 
Miss Dwindle alone survives. 

l^^ebruary 7, 1823, he was apjjointed First Judge of the C'ourt 
of Conunon Pleas of our county and he presided over his first term 
October, 1823. The last mention of his name as presiding judge 
was the February 1828 term, and his name appears many times sub- 
sequent as practicing attorney in that court. The State Civil I^ist 
and tiie histories of Mrs. Hammond, Judge Smith and Justice 
Chester and the History of Chenango and Madison Counties would 
seem to make his term as judge ten years and his daughter so under- 
stands, but as Judge Eldridge held the Jinie 1828 term and the 
name of Judge Dwindle does not again appear in the records, it 
must be an error and his term was the usual one at that time — five 
years. In July, 1823, he sat with Circuit Judge Nathan Williams 
in the trial of Abraham Antone for murder. 

Just prior to his appointment as judge, in the years 1821 and 
1822, he was one of the members of Assembly from the county, and 
for the term 1823-25 he was elected Representative to the U. S. 
Congress. In 1837, as the histories state, he was appointed District 
Attorney for the county; however, his oath of office as such was 
taken and filed October 3, 1838, and he served until the appoint- 
ment of Charles Mason in 1845, during which time he prosecuted 
the murderer, Lewis AV^ilber, being assisted by B. D. Noxon of 
Syracuse and Timothy Jenkins of Oneida Castle, both noted at- 
torneys. 

He was one of the organizers of the old Madison County Bank 
in 1831 and from 1840 to 1842 was postmaster at Cazenovia. He 
died at the latter place September 17, 1850. 

Mr. Dwinelle did not always write his name with the final "e," 
but it was afterwards adopted by the family as more nearly approxi- 
mating the French spelling '^Doninelle." 

JAMES B. ELDRIDGE 

James B. Eldridge succeeded Justice Dwinelle as First Judge 
of the county. He is named first among the judges, according to 
the record, at the term of the court held June 17, 1828, and, with 
the exception of the February 1829 term, his name appears first 



(12) 

nmoiig: the list of judges uutil June, 183?). Again we are con- 
fronted with an error iri the histories and the Civil List, for the date 
of his appointment is there given as March 1(», 1833, wliile tlie court 
records show that in February, 1(S33, he lield his last term and his 
name does not appear among the presiding judges after that. No 
doubt his term began in 1828 and he held till February, 1833, for the 
original court records so show it and it would make just a five-year 
term, which was the prescribed term at that time. 

I have not the date of his birth or admission to the bar. He 
was one of the members of Assembly of the county in 1817 and 
twice subsecjuently in 1827 and 1829. On April 12, 1823, he was 
appointed one of the commissioners to lay out a road from Norwich 
through iSIadison county to intersect the Erie canal in the town of 
Lenox at or near Oneida creek. Aside from being County Judge 
he was the fifth Surrogate of the county from February 18, 1840, to 
1843. He was a partner of the late A. N. Sheldon of Hamilton, 
once District Attorney, from 1845 to 1848, and he died at the latter 
place, Se[)tember 15, 1864, at about the age of 79. 

JOHN B. YATES 

The court records show that Air. Yates Nvas First Judge of the 
Common Pleas Coiu't beginning with the term of June 18, 1833; 
that he was not present in 1834, but was in 1835. He died July 
10, 1830, very suddenly. Mrs. Hammond in her history gives the 
date of his appointment as 1838, and states that after a short time he 
resigned and was later re-appointed. This I believe was in part true. 
He was, however, probably appointed in \6'.yo, resigned at the end 
of the vear, and for 1834 no First Judge was designated as the line 
for t))e name of the first judge in the court records is left blank 
that year; and he served from 1835 until his death. The Civil List, 
which gives the date of his appointment as 1836 or 1837, and, Fudge 
Smith's History, which makes his term from 1837 to January, 1843, 
when he was dead and buried, are clearly in error. 

This noted man was born at Schenectady in 1784 and w^as- ad- 
mitted to the bar in 1805, after graduating at an early age from 
Union College in 1802. For several years he practised at Schenect- 
ady, but in 1812 was commissioned by Governor Tompkins as Captain 
and raised a company of artillery and participated in the unfortunate 
campaign in northern New York in 1813. In 1815 and 1816 he 
was member of Congress for the 14th District, comprising the 



(13) 

counties of Schenectady and Schoharie. He then removed to Utica, 
where he took up the profession for a short time before locating in 
Chittenango. 

He was also a prominent merchant and proprietor of a packet 
line; was interested in oil and woolen mills and in the manufacture of 
plaster and water lime, industries which he fostered in the village; 
was a large investor in other enterprises. He owned much land in 
and about Chittenango and was the real builder of the village. 
Quite a large tract of land he laid off at different times in the village 
and subdivided into building lots, many of which are still unoccupied. 
He was at one time appointed to supervise the State lotteries for the 
promotion of literature which necessitated his removal to New York, 
where he resided for about eight years, from 1817 to 1825. He 
was one of the incorporators of the Chittenango Canal Company in 
1818, mention of which is found in many deeas in the village. He 
was also largely interested in a railroad from Chittenango to De- 
Ruyter and southern towns and on which he commenced grading at 
his own expense when he was suddenly called by death July 10, 
1836, holding at the time the offices of First Judge of the Court of 
/!^ommon Pleas and Assemblyman for the county. 

He was greatly interested in education and it is said at one 
time saved his alma mater from financial disaster by advancing large 
sums from his own funds. He is perhaps best known and remem- 
bered for the establishment at Chittenango of the Yates Polytechnic 
Institute, in 1824, which for several years he maintained at his own 
expense. His brother was the first principal, and the school was 
advertised and noted for its originality, but it was closed in 1832 for 
lack of patronage. This plan of practical education was less popu- 
lar then than today, but he was firm in his belief of its practicability 
and usefulness, and while he realized he was ahead of the ideas of 
the times, as the provisions of his long will show, for in it he made 
mention of the necessity of educating the people to the idea by means 
of publications, etc., showing its desirability and utility. Such an 
institution was one of his dreams and he made careful plans for the 
same by this will, but the opportunity was not accepted and the pro- 
ject was doomed to die from lack of popular interest, the very danger 
he feared. At Cornell we find the idea developed as he hoped his 
executors and the State might do. A rich, influential, generous, 
public spirited and highly respected citizen was Judge John B. Yates. 
He was to Chittenango what Peter Smith and his son Gerrit were to 
Peterboro, and it is interesting to note the many similar characteris- 



(14) 

tics in the lives of these two good men. Keen, active and successful 
mercantile men, rich, large laud-owners, practically founders of the 
respective villages they each dreamed would one day be great centers 
of population and marts of trade, enterprising in all matters of public 
interest, practical in most things, each judge, and each planning and 
devoting their greatest efforts to benefit mankind — one by his educa- 
tional works and designs, the other by his religious labors and ex- 
hortations. Dreamers, you may say, but our great men are simply 
dreamers who lived to make and see their dreams come true. Both 
are lives from the study of which Ave can gain much good and in- 
spiration, not alone from what they did, but more, perhaps, from 
what thev aimed at and dreamed about. 

EDWARD ROGERS 

John B. Yates died in July, ] 836, while First Judge. The 
county histories and the State Civil List make no mention of Edward 
Rogers, who I find took his oath as "First Judge of the County 
Court of the County of Madison" February 1, 1837, which is on 
file in the County Clerk's office. On February 6, 1837, as the court 
records show, he presided over the Common Pleas Court, which with 
only a few exceptions, probably due to his absence in Congress, he 
held for five years until the end of 1842 and the appointment of 
Judge Barlow. I have shown that errors exist in the list of judges 
published as to dates, and it is to be regretted that the name of this 
able man has been entirely omitted in the publications of our local 
history and I have taken pains to include it in the list of Madison 
Comity Judges I recently had printed. 

He was born at Cornwall, Conn., May 30, 1787; graduated at 
Yale, and was one of the first lawyers of the village of Madison, 
locating at that village about the close of the War of 1812. He was 
admitted to practice in Common Pleas Court, February 8, 1815. 
There he practiced for thirty years. He was one of the first trus- 
tees of the village on incorporation in 181G; Supervisor of the town 
in 1820 and 1821. With Barak Beckwith and John Knowles he 
was a representative of this county to the Constitutional State Con- 
vention of 1821. This was the memorable assemblage that destroyed 
the iniquitous Counsil of Appointment, restored to the people the 
right more fully to choose their own officers and, registered the 
triumph of the more democratic town meeting ideas of the eastern 
settlers over the aristocratic, monarchial ones that had been handed 



(15) 

down from the times of the colonies in onr own State. Of tliis con- 
vention it lias been said by competent authorities that it "presented 
an array of talent, political experience and moral worth never sur- 
passed by any assemblage of men elected from a single State." Vice 
President Tompkins presided and Martin Van Buren was the leading- 
debater. Chancellor Kent, that famous legal authority, and Judges 
Ambrose Spencer, William VanNess (who used to sit in our county 
and presided at the Hitchcock murder trial), Piatt, James Tall mage 
and many other noted men of the times were members. / 

Just a word about the Couusil of Appointment, so we may 
judge more clearly about the appointment of our first otHcers. The 
original Constitution of 1777 provided for this machinery and the 
provision was probably drafted by John Jay, then 31 years old, and 
by Gouverneur Morris and Robert i^ivingston, still younger. The 
Counsil consisted of the Governor and four Senators, one from each 
Senate District, openly appointed by the Assembly every year, and 
whose members could not serve two years in succession. The Gov- 
ernor's powers were not clearly defined and it was sometimes con- 
tended he had simply a vote in case of tie. The Constitution of 
ISOl continued these, but tlie Governor assumed the real power of 
appointment. And some of the early commissions on file in our 
county show the appointment was made by the Governor by and with 
the advice and consent of the Counsil of Appointment. There 
seems to have been some dispute as to this concerning some of the 
appointments, the Counsil claiming the right to appoint when the 
majority so decreed without the nomination or appointment by the 
Governor. This power came to be used by the Governor as a poli- 
tical whip and tool. Gov. Lewis appointed Daniel D. Tompkins 
Assistant Justice of the Supreme Court. In three years Tompkins, 
elected Governor by Clinton's friends, began to throw out of office 
the Lewis supporters. The strife was bitter and the Federalists or 
anti-C'lintonians were shortly again in power and again began re- 
moval oidy to be checked shortly by the re-election of Tompkins in 
1809 and the ascendancy of Clinton as a power in the State and 
nation. In 1815 the power was in the hands of the Republicans 
(not the present party by that name) and in 1817 again thependelum 
swung back to Clinton and he was still in control in 1819 when 
Van Buren was removed as Attorney General. The next year the 
Republicans were in control and a constitutional convention was 
called. Roger Skinner was a power at this time, being a Federal 
Judge, State Senator and a member of the Counsil of Appointment. 



(16) 

The convention did much to lessen the po\ver of appointment, but 
oiu- judges continued to be appointed down to 1847. While the 
struggle was going on it is interesting to note that Peter Smith, who 
was orginally appointed by Gov. Lewis and it is said perhaps for his 
sujiport of T^evvis and opposition to Tompkins, still continued to 
hold his office down to the time of the convention and after. 

Judge Rogers was also Representative in Congress from our 
(2od) district in 1839 and 1840. History tells us he was a writer 
of ability and published several works, but neglects to tell us the 
nature of these. He died at Galway, Saratoga county. May 29, 
1857, at the age of seventy. He is buried at Madison, N. Y., and 
the beautiful monument erected by Dr. Gould of West Cornwall, 
N. Y., his brother-in-law, has inscribed on it the following: "A 
scholar and a sound lawyer, an impartial judge and an incorrupt- 
ible representive of the people." 

His son, H. Gould Rogers, was consul to Sardinia under the 
administration of President Taylor. 

THOMAS BARLOW 

A\^as the last appointed Judge of our county, holding the office 
of First Judge from 1843 to 1847, and was the father of our co- 
member, M. Eugene Barlow of Canastota. He was born at Duanes- 
buigh, N. Y., over one hundred years ago, March 14, 1805, and in 
him we find a man, like most of his predecessors, more noted to 
jjosterity for his industrious and studious activities than his legal and 
judicial experiences. Graduating from Hamilton College with the 
degree of A. B., he was shortly, in 1834, admitted to the bar and 
practiced at Canastota during a long and active life, his death at the 
age of 91 occuring in Canastota as recently as September 18, 1896. 

His picture, which hangs in the center of the circle, was pre- 
sented to the county by himself, and was painted by his son, Ed- 
ward G. Barlow, and is, I am told, both an excellent painting and 
likeness. 

The family possess, among other valuable mementoes, thecetifi- 
cate of his appointment as sergeant Major of Ai*tillery in 1831, signed 
byF. E. Spinner, Colonel, who was afterwards Treasurer of the United 
States at the time of the Civil War and whose signature 
was well known during the circulation of the old greenback cm — 
rency. 

Before his appointment as Judge he was Superintendent of 
Common Schools in 1842, and while Judge he was twice Senator, 



0') 

1844-48, at the time the Senate was also the appellate court, called 
"Court of Errors." 

Judge Barlow was a most industrious man and a pi'ofouud and 
enthusiastic student of nature, as is evidenced by large and very com- 
plete collections of birds, animals, insects, minerals and curios of 
various kinds. He also took pride in a large collection of original 
signatures of noted persons. The greater part of his natural 
specimens he gave to his alma mater, Hamilton. He was a corres- 
ponding member of the New York Historical Society, New Orleans 
Academy of Sentences, Wis(!onsia Historical Society, Buffalo So- 
ciety of Natural Science, a member of the Association for the Ad- 
vancement of Science, and also m iny others. Like Jefferson, his 
violin furnished much pleasure and recreation and on it he played 
with considerable ability. 

He was a Free Soil Democrat until 185G, when he joined the 

liepublican party and supported its principles until the close of the 

war, when he returned to the Democracy. He was an upright, fear- 

'less man, highly respected, and leaves to posterity much to honor 

and perpetuate his memory. 

JAMES WARREN NYE 

I regret to say the county does not possess a portrait of this 
first elected judge of our county. He was born at DeRuyter, this 
county, June 10, 1815, and attended Cortland Academy at Homer, 
N. Y., was a driver on a stage line, and studied law at Troy, N. Y. 
In company with Lorenzo Sherwood, of the Sherwood brothers, also 
of DeRuyter, he practiced law at Hamilton. Sherwood went to 
Texas soon after its annexation and Nye continued there alone. 
Early he was appointed a Brigadier General, and when but 29 years 
old, Feb. 6, ] 844, he was appointed Surrogate of Madison county, 
which office he held when elected County Judge and Surrogate un- 
der the new constitution, June, 1847, holding the same until Janu- 
ary 1, 1852. In 1848 he was a candidate for Congress as a Free 
Soil Democrat, but was defeated. After his term as Judge he re- 
moved to Syracuse, where he practiced a few years with such men as 
William J. Hough, also from this county. February 19, 1855, he 
was one of the attorneys with LeRoy Morgan, afterwards Justice of 
the Supreme Court, and David D. Hillis defending Alfred Flyer for 
the murder of his wife. Although probably guilty as his subse- 
quent life tended to indicate, he was acquitted. Judge Charles 



(18) 

Andrews, then bnt 27 years old, was District Attorney and was as- 
sisted by three other prominent attorneys in the prosecution of this 
trial. 

In 18-37, when the Metropolitan Police Board for the City of 
New York was created, he became its first president and removed to 
New York. He was also at one time appointed a Master and Ex- 
aminer in Chancery. In 18G1 President Lincoln appointed liini 
Governor of the new Territory of Nevada, where he exerted a strong 
influence in opposition to the pro-slavery i)arty there, and when the 
territory was admitted as a State (Oct. 31, 1864) he was elected 
U. S. Senator for the term 1805-67, and was again re-elected for 
the full term in 18(>7. While in the Senate he served as chairman 
of the Committees on Eiu'olled Bills and Revolutionary Claims, and 
also on the Committees on Naval Affairs and Territories. 

He was a member of the National Committee in 1865 which ac- 
companied the remains of the martyred Lincoln to the final resting 
place at Springfield, 111. 

He was accounted one of the ablest lawyers of his time and es- 
pecially for his oratorical abilities, and his efforts (iounted for niuch 
in the establishment of law and order in the new State. He was 
identified with the Ilepublican party from its formation, and his elo- 
quence and strong sense of humor made him an effective and popu- 
lar stump speaker, especially in the campaign of 1860, when he 
made a speaking tour in the west with ^^^illiam H. Seward. He 
was undoubtedly one of the strongest attorneys and most prominent 
men our county has produced. He died at White Plains, N. Y., 
December 25, 1876. He was a vshort, thick set man, with dark 
curley hair, a fancy dresser, and quite a favorite of the opposite sex. 

SIDNEY T. HOLMES 

Mr. Holmes was a prominent figure in our county from 1850 to 
1870. About his early life and also after he left the county I have 
not been able to learn much. 

His fnther was Ephenetus Holmes, one of the first lawyers at 
Morrisville, and Judge Holmes was probably born there. I find 
that in 1849 he was Clerk of the Board of Supervisors and in 1851 
was elected County Judge and Surrogate, which position he held for 
about ten years. 

He was our Representative in Congress from the 2 2d District for 
two terms (]8G5-'69) and soon thereafter, in 1871, removed to Bay 



(19) 

City, Avhere he continued to reside until his death in 1890. His 
body was brought to Morrisville for burial February 21, 1890. 

His activity in our county Avas about the time of the war and I 
find he was appointed one of the commissioners to raise an $80,000 
war loan for the county in 18G2. 

CHARLES L. KENNEDY 

Charles L. Kennedy, whose picture hangs on the east side of 
the circle, was a sou of Dr. Samuel Kennedy, who was an early 
prominent and much beloved physician of Chittenango and an early 
Abolitionist who died at that village in 1849, at the age of 59. 

Judge Kennedy was born at Chittenango, N. Y., November 15, 
1825. He studied law at Morrisville with Duane Brown, Esq., and 
was admitted to the bar in 1847. He remained with Bi'own two 
years, then removed to Chittenango to enter partnership with 
^William E. Lansing. Lansing was elected County Clerk in 1856 
and Judge Kennedy came to Morrisville with him as deputy in 
charge of the office. He was elected to succeed Lansing as Clerk in 
1858 and after his term as Clerk he practiced for a time at Morris- 
ville with Judge S. T. Holmes. He was elected Judge of the 
county in 1868 and held the same to the time of his death in 1883. 
His term of fifteen years was, with the exception of those of Peter 
Smith and Alfred D. Kennedy, the longest of any of our judges. 
As his continued retention shows, he was a most popular, careful, re- 
spected and competent official. During the later years of his term 
Judge Coman, now of Oneida, was appointed by him Clerk of the 
Surrogate's Court, which position he held during the term of Judge 
Chapman and part of the term of Judge Alfred D. Kennedy. 
Charles L. Kennedy died at Morrisville, January 12, 1883, and his 
widow some years after. One son, Charles L. Kennedy of Syracuse, 
survives. 

BENJAMIN FRANKLIN CHAPMAN 

Judge Chapman was the son of a self-made lawyer and passed 
most of his active live at Clockville, where he was born on March 
24, 1817, and lived until about 1880, when he located at Oneida 
and built his beautiful home in which his daughter, Mrs. Charles 
E. Kemich, still resides. 

He was educated at Stockbridge Academy, Hudson River 
Seminary, Manlius and Fayetteville Academies, and graduated from 



(20) 

Hamilton College in 1839. This thorough education developed a 
natural aptitude for literature and in later life he was noted as a 
lecturer, some of them being "Washington and Its Defenses," 
"Harper's Ferry," "Salem Yv'itchoraft," etc. 

He was a prominent and helpful citizen, holding the position of 
postmaster at Clockville for thirty years and being Supervisor of his 
town in 187G. He was admitted to the bar in 1841 and practiced 
at Clockville for forty years, where he was also much in demand as 
a skilled surveyor. 

In January, 1883, Governor Cleveland appointed him County 
Judge and Surrogate of our county to fill the vacancy caused by the 
death of Charles Kennedy, and he served until the qualification of 
Judge Alfred Kennedy the following January. He died at Oneida, 
March 29, 1892. 

ALFRED D. KENNEDY 

This is an excellent likeness of Judge Kennedy, who died only 
a few years ago at Morrisville (February, 1899), while serving his 
sixteenth year as County Judge and Suri'ogate, one of the longest 
terms of any who have held that office. 

His parents were of Scotch descent and his ancestors were 
banished from the Kirk of Closburn, a small place in Scotland, on 
account of religious belief, being Scotch Presbyterians. 

He Avas born at Voluntown, Conn., November 19, 3 833, and 
after the death of his father he attended school and taught school 
before entering on employment in a dry goods store at Boston. His 
older brother, John M. (now living at Oneida), having taken a farm 
near Oneida, he shortly followed him there in 1855 and was a clerk 
in the store of James Tomlinson. Quite soon he entered the office of 
Timothy Jenkins at Oneida Castle and when admitted to the bar en- 
tered into a partnership with Judge Barlow at Canastota, where he 
continued until his election as County Clerk in 1870. He served 
one term and was for some years also Justice of the Peace of the old 
town of lienox. 

"We was elected County Judge and Surrogate in 1883 and by 
re-elections was still acting at the time of his death in 1899. 



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GERRIT A. FORBES 

Judge Forbes was well kuowii to most of you. He was the 
sou of a farmer, Isaac Forbes, aud was boru uear Clockville, May 
30, 1836, aud it is said was named Gerrit iu houor of Gerrit Smith, 
who was a schoolmate of his mother, Abigail Sayles Forbes. 

After obtaiuing a comuiou school education he eutered the office 
of B. F. Cliapmau (afterwards County Judge and Surrogate) at 
Clockville, in 1800, and in May, 18G3, at the General Term iu 
Binghamton, was admitted to the bar. He practiced for a time at 
Clockville with Judge Chapmaji. Iu 1871 he was elected District 
Attorney, which office he held for three years, making a most ener- 
getic and capable official. 

He moved to Canastota iu 18G8, where he practiced, except for 
a time succeeding 1884. when he was a member of the firm of 
^'Forbes, Brown & Tracy of Syracuse, until his election to 
the Supreme Court Bench in November, 1887. He was afterwards 
re-elected and served iu that position until the time of his death at 
Canastota, September 22, 1906. He was married, July 10, 1862, 
to Ellen Brooks, who still survives. 

For 1 2 years he was president of the Board of Education at 
C'anastota, where he was a prominent aud useful citizen. 

His life being so well known to nearly all of you, it is not nec- 
essary to speak of his superior capabilities as a practitioner and his 
high standing as a judicial officer. 

JOHN E. SMITH 

Judge Smith was one of the most active members of the 
committee which had in charge the collecting of this excellent group 
of pictures we are inspecting. His own, which hangs near the center 
of the circle in the main court room, is a good likeness of this prom- 
inent, kind hearted and well known citizen who so recently passed 
away. 

Judge Smith was born in the town of Nelson, August 4, 1843. 
His parents died when he was quite young and he was left to the 
fartherly care of his half brother, S. Perry Smith, who in after life 
studied law with his brother, and although some advanced in life, be- 
came a lawyer of considerable prominence, practicing at Morrisville. 



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After attending school at Cazenovia and a short time at the 
Albany Law School, where President Mclvinley was also a student 
at about that time, he was admitted to the bar at the General Term 
at Albany, May, 1<S67, and inuiiediately took up the practice at 
Morrisville, where at diHerent times he was with Nathaniel Foote, 
Smith & Haskell, Smith & Cramphin and Smith & Smith, the latter 
firm being himself and his son, G. Wells Smith. For a time he was 
also a member of the firm of Smith, Kellogg & Wells of Syracuse. 
He \vas elected District Attorney of our county and served from 
1877 to 1879 inclusive; and the next incumbent of the office, H. 
Barclay, resigning very soon after his election on account of ill 
health, he was appointed to fill the vacancy by Governor Cornell and 
served until 1883. He was elected State Senator for the 23d Dis- 
trict (Herkimer, Madison, and Otsego counties) for the term 
188(3-87. In July, 1889, he was appointed First Assistant U. S. 
District Attorney for the Northern District of New York and spent 
considerable of his time in Buffalo, where he was in charge of much 
important litigation, among the important cases being the Gould 
bank cases and the celebrated S. A. Mersan and Charles M. Ross 
murder cases. He served in this position luitil 1891; and after a 
memorable political fight he secured the Republican nomination for 
State Senator on the 938th ballot, was elected by a good majority, 
and served for the term 1892-93. 

For many years he was a leading trial lawyer of the county 
and was interested in much of the important litigation in this and 
near by counties, both civil and criminal. 

For fourteen years he was one of the examiners of candidates 
for admission to the bar — first in the Third and then in the Fourth 
Department, when the examinations were largely oral. He thus be- 
came acquainted with a large number of the younger members of the 
profession. His own office was continually supplied with students 
with whom he devoted much time in their instruction and care in di- 
recting their reading, and in whose welfare he took an active interest, 
as I, who was the last of these from 1895 to 1898, can testify. On 
many long rides with him he seemed to delight in passing the time 
in discussing legal propositions and in drawing forth and correcting 
the information I had secured from study. 

Upon the death of Judge A. D. Kennedy, he was appointed his 
successor as County Judge by Governor Roosevelt in 1899 and at the 
next election was elected for the term 1900-1906. After a spirited 
and close fight he was defeated for re-election, running on an inde- 



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pendent ticket, and although liis health had been impaired for some 
time he continued to practice nearly up to the time of his death, 
which occurred at Morrisville, August 23, 1907. 

Much could be said about the active and useful life of this 
affable lawyer, but his departure was so recent and his smiling 
countenance so familiar to you all it is not necessary here. No one 
probably had a larger personal acquaintance throughout the county 
than he enjoyed. 

PHILO GRIDLEY 

About the time this county was being first settled, at Paris in 
our adjoing county of Oneida, September 16, 1796 Philo Gridley 
was born. In his early days he taught school. In 1816 he gradu- 
ated from Hamilton College, and in 1820 he was admttted to the 
bar and for a time practiced at Waterville. Later he came to Ham- 
ilton and for a time was a partner of Surrogate Stower. In 1829 
he succeeded William K. Fuller as District Attorney for our county, 
which office he held for about seven years, until 1836. This appoint- 
ment was probably made under the provisions of the Constitution of 
1821 which provided that a District Attorney for each county should 
be appointed by the County Courts. His residence in our county 
was comparatively brief, for in 1838 he was appointed Circuit Judge 
for the 5th Circuit of the State. These Judges had practically the 
same powers as our Supreme Court Justices. They held courts 
throughout the district the same as our Supreme Court Justices do 
now. One Judge was appointed for each Senate District. These 
courts were sometime held with the Oyer and Terminer for criminal 
business in which case the Circuit Judge had to associate with him 
two other Judges of the county. While Judge Gridley was not ap- 
pointed for our district, he was probably living here at the time as I 
found on file his oath of office as such taken before Epheuetus 
Holmes of Morrisville, August 2, 1838. He removed at once to 
Utica and when the new constitution was adopted in 1847 he was 
elected Supreme Court Judge. He died at Utica, August 16, 1864. 

While Circuit Judge he presided at one of the most important 
and noted criminal trials in our country. One Alexander McLeod 
was indicted for the murder of Amos Durfee by pistol shot Dec. 
30, 1837, the night of the burning of the steamer "Caroline" and 
sending her over Niagara Falls, during the so-called "Patriot War." 



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iSlcLeod was a J3riti.sh subject and his government demanded Iiis re- 
lease, Daniel Webster, then Secretary of State for United States, 
was in favor of granting the request, but the (governor of New York 
would not consent. On motion of the defendant the place of trial 
was elianged from Erie county, where the feeling was very hostile, 
to Oneida (county, and Judge Gridley assignea to the case. The 
State Attorney General, Willis Hall, District Attorney of Erie 
county John L. Wood, and the District Attorney of Oneida county, 
Timothy Jenkins (whose life we will later discuss), prosecuted. 
Great l^ritain really took charge of the defence aud appropriated 
money for the purpose and Gardner & Bradley with Joshua A. 
Spencer (another IMadison county man), all prominent attorneys, con- 
ducted the defense. Both countries were intensely interested and it 
was feared that a conviction would bring on war, but Gridley charged 
the jury tiiat if the evidence warranted it to convict even if it should 
"light up the land w^ith the flame of war." Lcljeod was, however, 
acquitted. Spencer was one of the foremost advocates in the country. 
His original minutes in this trial are preserved by the Oneida 
Plistorical Society at Utica. For his services in this case it is re- 
ported that Great Britain paid him $10,000 — a very large fee for 
those times. 

Joshua Spencer was a Madison county attorney, born at Great 
Barrington, IMass., May !?>, 1790. He was a clerk in a store after 
he came to Lenox in this county, enlisted in the War of 1812, and 
served at Sackett's Harbor; was subsequently admitted to the bar 
and practiced here for a time when, in 1820, he formed a partnership 
with William H. Maynard and removed to Utica. In 1841 he was 
appointed U. S. District Attorney for the Northern District of New 
York. In 1842 he was elected State Senator; in 1848 he was elect- 
ed Mayor of Utica, about which time he informed his son that he 
had tried cases in every county of the state. His eminence at the bar 
was well deserved and he was a power with the jnry. He died at 
Utica, April 25, 1857. 

CHARLES STEBBINS, SR. 

The original of this picture was taken by Weld of Cazenovia 
and presented to the county by his son, Charles Stebbins, Jr. 

Charles Stebbins, senior, was born at AVilliamstown, Mass., in 
May, 1789, and was graduated from Williams College in 1807. He 
removed to Cazenovia in 1810, where he continued to live till tlie 



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time of his death and was one of the most prominent and influential 
citizens of the community. He was admitted to the bar in 1813; 
served as Aide-de-Camp on the staff of General Hurd, his fellow 
townsman and prominent military man, in the War of 1812; was 
Clerk of Cazenovia village 1814-21 and its President from 1824 to 
1826; one of the trustees of the Seminary of the Genesee Conference 
(now Cazenovia Seminary) in 1825; one of the incorporators of the 
old Madison County Bank in 1831; director of the Madison Mutual 
Insurance Company in 1836; first President of the Bank of Caze- 
novia in 1856. 

In 1825 he ran for State Senator in opposition to Gerrit Smith, 
who was on the anti-Masonic ticket, and defeated him. He was re- 
elected and was acting Lieutenant-Governor of the State for a short 
period in 1829, Vv^hen Euos T. Throop became Governor on the res- 
ignation of Martin VauBureu, by virtue of his being at the time the 
President of the Senate. He also held the position of State Bank 
Commissioner from 1830 to 1840. He died March 23, 1873, at 
Cazenovia, where his descendants occupy honored and prominent 
positions in the life of the beautiful village he helped to build up. 

GERRIT SMITH 

Gerrit Smith probably had the largest national fame of any 
Madison County man. His picture, which hangs in the west gallery 
of the court room, was presented to the county by his daughter, the 
late Elizabeth S. Miller of Geneva. 

He was born at Utica, March 6, 1797, being the fourth son of 
Peter (our first county judge) and Elizabeth Livingston Smith. The 
family moved to Whitesboro about five years after his birth and in 
1806 came to Peterboro, In LS13 he entered school at Clinton and 
in 1818 graduated from Hamilton College, His brother Peter went 
with him, but stayed only a couple of years. In 1819, soon after 
the death of his mother and his graduation, he married Welthy Ann 
Bach us, only daughter of Dr. Azel Bachus, the first president of 
Hamilton College. She died of brain trouble in seven months, and 
in January, 1822, he mai-ried Ann Carroll, daughter of William 
Fitzhugh of Geneseo, N. Y. He was a man of considerable wealth 
for those times, and his fine home at Peterboro was maintained much 
like the rich estates in the South and w^as noted for its hospitality. 

His investments were largely in real estate, which finally cen- 
tered in and about Oswego in the canal, harbor and ships. The 



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financial depression of 1835-37 nearly swept away his fortune, but 
he borrowed $250,000 from John Jacob Astor on little security but 
his naked promise and was soon on his feet again. His biographer 
states he had an income of from fifty to sixty thousand dollars a year 
for twenty-five years and for the last ten years $80,000. His wealth 
enabled him to advance and make prominent many of his theories 
and policies and he attained much prominence in the great world of 
affairs. Although a candidate many times, about the only political 
office he held was Congressman from the Oswego-Madison district in 
1852-53. He was a candidate for President on the Liberty party 
ticket in 1848 and 1852, for the Industrial Congress in 1856 — three 
times a candidate for the Presidency, equalling the record of Will- 
iam J. Bryan. In 1840 and 1858 he was a candidate for Governor 
of New York of the anti-Slavery party, and was defeated for the 
State Senate, running on the anti-Masonic ticket. 

He was always interested in local affairs and was one of the 
trustees of the Peterboro Academy. In 1718 he purchased this, and 
with land he had previously donated that institution and the old 
Presbyterian church he acquired, donated them for the Home for 
Destitute Children of Madison County, that admirable institution in 
which we take great pride. 

He was not a lawyer by profession, but in 1856 he became in- 
terested in William Zecher, a Dutchman, accused of murdering John 
Buck of Nelson with an axe. He learned that Zecher came from 
the same part of Holland as his father's family and became convinced 
he was innocent. He was assigned with I). Brown and W. H. Kin- 
ney as counsel for the defendant, w4nle David Mitchell 'prosecuted. 
He spoke for six hours on summing up in his hearty, natural and 
ingenious way and the jury acquitted. Whether this was due to the 
eloquence of his plea or the lack of convicting evidence I could not 
say, but no doubt his advocacy of the defendant's cause was a deter- 
mining factor in the decision. 

He founded a church at Peterboro, free from ecclesiasticism and 
creed obligation, and its pulpit ^vas filled by many men of fame_, 

Noted throughout the country as an anti-slavery advocate, and 
for his aid to that cause, however he should receive full homage as a 
successful business man, of a beautiful religious nature, a great and 
staunch temperance worker, but pre-eminently a hinnauitarian. 

If his one legal effort was a mistake, there being some question 
as to Zedier's innocence, it ^vas a mistake caused by his too great 



(27) 

sympathy for and ready confidence in the unfortunate; we are proud 
of the great uplift to society those qualities enabled him to exert. 

He died at New York while on a holiday visit, December 2 , 
1874. His biography by Octavus B. Frothingham, published in 
1879, is interesting and complete, and it has been difficult to make 
from it so condensed a sketch as this. 

NATHANIEL KING 

Nathaniel King was the son of Samuel King, a farmer, and 
was born at Amenia, Dutchess County, N. Y., December 26, 1767. 
His mother was early left a widow, with little means, but was intel- 
ligent, pious and literary and saw that their son was well educated 
and admitted to the bar. He graduated from Yale in 1792. When 
thirty years of age he came to Hamilton, then "Payne's Settlement," 
and commenced the practice of his profession. He had studied in 
Albany and became acquainted with many prominent men of the 
State, and in 1798 he was sent to Albany to secure a divnsion of the 
old county of Herkimer, which resulted in the creation of the old 
county of Chenango. In April he was elected the first Assembly- 
man from this new county and was re-elected the next year, in 1799. 
In 1800 he ran for Senator, but was second best in a large field; 
however, the next year he was elected Assemblyman again. He was 
earlier an Assistant Assessor and Justice of the Peace. 

In 1803 he married Ottillia Mayer, step-daughter of Deacon 
Olmsted, who died suddenly in 3816, and later he married Mary 
Bates of Paris, Oneida County, who left him an infant son in addi- 
tion to the five children by his first w^fe. These his third wife, Mrs. 
Elizabeth Tefft, whom he married in 1818, ably assisted him to bring 
up. He purchased a large tract of land in Hamilton and erected a 
large office. Several students of note studied with him, including 
John G. Stower, afterwards Surrogate of our county. He was ap- 
pointed Master in Chancery and in 1907 was appointed District 
Attorney for the counties of Herkimer, Onondaga, Cayuga, Cortland 
and Madison, but in 1812 he resigned this office and joined the then 
Republican party. He was subsequently one of the Common Pleas 
Judges of the county. 

Mr. King was a student and educator, being well versed in 
Latin and Greek, all branches of mathematics, rhetoric, grammar, 
composition and elocution. He carried on discussions with such 



(28) 

mathematicians as Professors Strong of Hamilton College and A. M. 
Fisher of Yale. His solutions of difficult problems were published 
in several magazines. His mechanical genius is also illustrated by 
his invention of the Tellurian for illustrating the motions of the 
earth and especially the precession of the equinoxes. In 1818 he 
was one of the twenty-four trustees to found Hamilton Academy. 
He contributed materials and money for the erection of buildings 
and was the first teacher. He had been a teacher in his early years 
and took great delight in the work, in which he was most successful. 
He was also a successful farmer, devoting much time to the raising 
of winter wheat and cultivating a fine orchard, procuring scions from 
such distances as Long Island and New Jersey. 

Mr. King was also a noted military man. He was early com- 
missioned Colonel of Militia and conducted his "trainings" with 
much skill. He was later promoted to Major General and in 1814 
he requested his friend, Gov. Tompkins, to send him into service and 
went to Sackets Harbor, where he was in command of all the militia 
in this vicinity, although Gen. Jacob Brown of the regular U. S. 
troops was afterwards in supreme command. The position was made 
so strong that the expected attack by the British was not made, and 
in 1815, after peace was declared, he came home and superintended 
the militia courts martial for a time before he resigned. 

In Mr. King he have one of the successful men of his day. As 
a lawyer, educator, farmer and man of literary pursuits (often in- 
dulging in poetical compositions) he made an enviable reputation. 
He died at Hamilton, July 25, 1848, and was survived but a few 
months by his last wife. 

WILLIAM KENDALL FULLER 

General Fuller was born about the time the settlement of our 
county began at Schenectady, N. Y., November 24, 1792, was 
graduated at Union College, and was admitted to the bar in 1814. 
He practiced at Utica for a time with John B. Yates and was at- 
torney for the Oneida, Stockbridge and Brothertown Indians tmd 
Master in Chancery from 1814 to 1816. In 1816 with his partner, 
John B. Yates, he moved to Chittenango, where he became a promi- 
nent citizen. He was Supervisor of Sullivan for five years from 
1827 to 1831 and President of the Board in 1830, and held many 
other offices such as Common Pleas Judge, Justice of the Peace, 
Town Clerk, Postmaster, Scliool Trustee, Highway Conmiissioner. 



(29) 

From 1821 to 1828 he was District xlttorney of the county, being 
called upon to prosecute Abraham Antone for murder in July, 1823. 

For the terms 1883-5-7 he was Member of Congress for the 
23d District (Madison and Onondaga), and as State Surveyor was en- 
gaged in settling the boundary line with Canada. 

He had a long militar)^ experience: was Quartermaster of a 
regiment of militia at Utica, Aide-de-c:imp to the general of brigade 
with rank of Captain; Brigade Judge Advocate with rank of Major; 
Division Inspector with rank of Colonel; Adjutant General of the 
State of New York appointed by Governor Yates and continued for 
six months by Governor Clinton, who complimented him by issuing 
and publishing in the state paper a General Order. 

He died at his native city of Schenectady, to which he had 
given a city hall, on November 1 1, 1883, at the advanced age of 91. 

DAViD J. MITCHELL 

David J. Mitchell with Henry C. Goodwin studied four years 
with A. V. Bentley at DeRuyter and obtained much experience in 
an extensive justice court practice he enjoyed. They were both 
DeRuyter boys, and when admitted both removed to Hamilton and 
opened an office as partners. Mr. Mitchell was a brother of D. Q. 
Mitchell, another DeRuyter attorney, and an uncle of William H. 
Manchester, for a long time the capable Clerk of our Surrogate's 
Court. 

He was born about 1827. Not long after their removal to 
Hamilton Goodwin was elected District Attorney for the county in 
1847, and in 1853, the next succeeding term but one held by Lans- 
ing, Mitchell was elected to that important office, at which time he 
prosecuted Zecher for murder, Gerrit Smith defending. About five 
years after his term expired, in 1 860, he moved to Syracuse as many 
of our prominent attorneys have done, and entered into partnership 
with Daniel Pratt and Wilbur M. Brown. Their tirm had a large 
clientelle and Mitchell was accounted one of the brighest attorneys 
of his time. He was one of the attorneys for General George W. 
Cole, who was indicted and tried for the murder of L. Harris Hitch- 
cock, a prominent attorney of Syracuse, whom he shot in the head at 
the Stanwix hotel in Albany for alleged improper conduct with the 
former's wife. This was a noted case at the time, the jury failing 



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to agree at the first trial and rendering a verdict of acquittal at the 
second trial. 

Mr. Mitchell died at Syracnse, Sept. 24, 1874, at the early age 
of fifty. 

EPHENETUS HOLMES 

Ephenetns Holmes was born at Amenia, Dutchess County, N. Y., 
December 1, 1784, and was admitted to the bar at Schaghticoke, 
N. Y., in 1809. After practicing at that place for a time he re- 
moved to Morrisville about 1819, where with Andrew S. Sloan they 
established themselves as the first attorneys at the county seat. He 
was elected Justice of the Peace and for ten years he was one of the 
Common Pleas Judges of the county. He was much interested in 
education and was one of the first trustees of the old Morrisville 
Academy. 

In 1831 and 1832 he was Clerk of the Roard of Supervisors, 
which position he afterward held from 1835 to '47. 

He was the father of Judge Sidney T. Holmes. His picture, 
which hangs in the west corridor, was presented to the (!onnty by 
his daughter, Julia I. B. Holmes of Bay City, Mich. He died 
about fs60 or '61. 

JOHN KNOWLES 

This picture was painted in October, 1841, by A. B. F. Whit- 
ney and was presented to the county some years ago by his family. 
Miss Estelle Knowles, a great-granddaughter of the subject, is now 
living in Chittenango, but can give little information about this 
ancestor. 

Mr. Knowles was a prominent man of his town during the 
early years of our county and at one time practiced at Bridgeport, 
where he settled about 1802, before the formation of the county. -He 
was many times Supervisor of his town of Sullivan, in 1816, '17, '18, 
'20, '21, '22, '34 and '37. A man by the same name was president 
of the village of Chittenango in 1852. 

In 1816 he, with Perry G. Childs of Cazenovia and Nathaniel 
Cole, was appointed by the Court of Common Pleas under an act of 
the Ijegislature to superintend the drainage of the great swamp or 



(81) 

marsh on Canasaraffa creek in the towns of Sullivan and Lenox. In 

1817 he was one of the commission appointed by the Supervisors to 
sell the old Court House and Goal at Cazenovia for $1,500. In 

1818 he was one of the incorporators of the Chittenango Canal Com- 
pany formed for the purpose of building a canal from Chittenango 
to the Erie. He was also one of the incorporators of the Madison 
County Railroad in 1829 to construct a single or double track rail- 
road from Chittenango to Cazenovia and south, which was never 
built. He doubtless later lived at Chittenango and was buried in 
the Walnut Grove Cemetery about a mile south of that village. I 
have not learned when or where he was born or when he died, prob- 
ably prior to 1860. 

MATTHEW J. SHOECRAFT 

Mr. Shoecraft was a son of Joseph Shoecraft, a noted mathe- 
matician, and was born in Herkimer County in 1818. He prepared 
for college at Union Academy at Belleville, N. Y., and graduated 
from Union College in 1846. For a time he taught school and 
studied law in his spare moments and was admitted to the bar in 
1849. He removed to Oneida, where he practiced until his death 
about 1905. 

In his early years he was a prominent figure in Oneida, where 
he was one time president of the village. He was elected Demo- 
cratic Presidential Elector at one time and was a candidate of his 
partv for Congress, State Senator, District Attorney and other 
offices. 

At the age of 86 he prepared an address for a meeting of the 
Madison County Bar Association at Morrisville, but was unable to 
deliver it in person on account of illness. 

TIMOTHY JENKINS 

Timothy Jenkins was not a Madison county attorney, although 
he practiced here a great deal, being located at Oneida Castle. He 
was born at Barre, Mass., January 29, 1799, removed to Washing- 
ton county and received an academic education, went to Utica and 
studied law, and was admitted to the bar in 1825. He was District 
Attorney for Oneida county from 1840 to 1845, and it was during 



(32) 

his term that the fiinious McLeod miirder trial was held before Judge 
Gridley and in which he was assisted in the prosecution bv the State 
Attorney General and the District Attorney of Erie county. For 
about ten years he was the attorney for the Oneida Indians and con- 
ducted important litigation for them in the highest courts. 

He was three times elected as Representative in Congress, in 
1844, 1846 and 1850, and was there a(;counted one of the leading 
members. It is said he may have been the originator of the famous 
"Wilmot Proviso." 

He was called one of the best attorneys Oneida county has had, 
and was a staunch Democrat until slavery times. He was, however, 
one of the delegates to the Philadelphia convention in 185(5 which 
formed the Republican party, and he supported Fremont and the 
Republican candidates thereafter. He died at Oneida Castle, De- 
cember 24, 1859. 

DANIEL D. WALRATH 

Mr. Walrath was born at Chittenango, March 7, 1821, and his 
picture, which was taken from a likeness about 1884, hangs in the 
east corridor. He was an attorney, admitted to the bar in 1847 and 
the U. S. Circuit Court in 1867, and was a prominent figure in the 
locality. In 1842 he was one of the trustees of the village and in 
1849 was elected President. He was Supervisor of the town of 
Sullivan in 1864 and again in 1876. He died at Chittenango, Feb- 
ruary 2, 1886. 

CHARLES STEBBINS, JR. 

Mr. Stebbins was born at Cazenovia, July 3, 1827, where he 
continued to reside and practice up to the time of his death, except 
the two years he was in practice at Syracuse. He read law with 
Stebbins & Fairchild and was admitted to the bar in 1849, having 
graduated from Hobart College in 1846. He was Clerk of the vil- 
lage of Cazenovia from 1858 to 1861, again in 1863 and 1866; 
President in 1867 and 1868; Supervisor of his town in 1867 and 
1870; and was interested in the establishment of the Home for Des- 
titute Children at Peterboro, having urged the matter of a separate 
home while he was on the Board, and his report as one of the com- 
mittee having the establishment in iiand you will find in the Siiper- 



(33) 

visors Journal of 1S71 — probably drafted by him. A humorous 
and flowery speech made by him at the close of the session of the 
Board of 1867 is reported in full in the Journal (being about the 
only speech having the distinction of being recorded). It is full of 
jokes and puns and descriptions of the towns, and is well worth 
reading. 

He was one of the commissioners to revise the Statutes and Code 
appointed July 1, 1871, and serving till Jan. 1, 1875, at which 
time he was appointed the private secretary to Governor Tilden. He 
died May 4, 1898. 

This crayon was made from a photograph taken by Kurtz at 
Albany in 1875 and was presented to the county by his wife, Mary 
M. Stebbins, who with two daughters and four sons survived him. 

SAMUEL SIDNEY BREESE 

Mr. Breese was one of the Justices of the Peace on the formation 
of the county (in 180()) for the then town of Cazeuovia, and is said 
to be the lirst resident lawyer of the county. He was born at Phil- 
adelphia, Pa., September 2G, 1768. He was the first County Clerk 
of Chenango county in 1798. For some time he practiced in the 
county with Jonas Piatt, the firm of Piatt & Breese being well 
known at that time, and I found on the Court records at the Febru- 
ary, 1814, term it was ordered that in all suits prosecuted or defend- 
ed by Piatt & Breese Samuel S. Breese should thereafter act as at- 
torney, said Jonas Piatt having been promoted to the bench of the 
Supreme Court, May 11, 1814. He subsequently moved to Oneida 
county and became one of the most prominent members of the bar 
of that county. He was also elected Member of Assembly there in 
1828. He was a member of the State Constitutional Convention of 
1821, but was one of those who did not sign the document, as was 
also his friend, Judge Piatt, Judge VanNess and several others. He 
died at Vernon, N. Y., October 15, 1848, being 80 years old. 

The beautiful painted portrait which hangs in the east corridor 
was copied by Albert J. Purdy in 1890 from a portrait by Prof. S. 
F. B. Morse, inventor of the telegraph, and was presented to the 
county by Sidney B. Breese of Oneida. 

GEN. WILLIAM J. HOUGH 

General Hough was born at Paris Hill, N. Y., in the year 
1775, of Revolutionary fame, and was educated at Pompey Hill, N^ 



(:M) 

Y. He read law and practiced at Ca/enovia for forty years, where 
he was a promiueut figure in the community. He was Clerk of that 
village from 1829 to 1833 and again in 1836; its President in 
1838 and 1848. He was a prominent General in the Militia and 
President Polk tendered him the office of Brigadier General in the 
army at the time of the Mexican War. 

In 1835 and 1836 he was a Member of Assembly from this 
county and was elected as Representative in Congress from the 23d 
district in 1845 and re-elected in 1847. He was appointed one of 
the Regents of the Smithsonian Institute at AVasliington, D. C, in 
1849, and was much interested in the admirable work it carried on 
and continued in that position down to the time of his death. In 
1855 he removed to Syracuse, where he attained a jjrominent 
standing in the profession and was intrusted with many important 
nratters. He was Vice-President of the old Syracuse City Rank 
and for two terms was President of the city Board of Education. 

His picture in the east corridor was painted by J. Brayton 
Wilcox in 1890 and presented to the county by his family. He 
died at Syracuse, October 4, 1869, at the ripe age of 94. 

SYLVESTER BEECHER 

This excellent painting was made by Melvin B. Ray and was 
copied from a painting by Frederick Spencer from a likeness taken in 
1844 or '46. It was presented to the county by his daughter, Mrs. 
Daniel N. Crouse of Utica. 

Sylvester Beecher was born at Wolcott, Conn., January 6, 
1781. He was one of the Assemblymen from this county in 1827, 
with James B, Eldridge and Lemuel White. He was Supervisor 
of the old town of Lenox in 1817, and subsequently in 1833 and 
'34, and during the last two years was Chairman of the Board. He 
was one of the first directors of the Madison County Bank in 1832 
and was for several years one of the Common Pleas Judges in the 
'thirties or thereabouts. He also served as Captain in the militia in 
the war during 1812-'15. He died at Canastota, August 19, 1849. 

PERRY G. CHILDS 

This prominent attorney was born at Pittsfield, Mass., in 1779, 
and was admitted to the bar in 1804. He was one of the earliest 
settlers of Cazenovia and became a large land owner and an influen- 



(35) 

tial man in the community wliere he spent his entire life. He was 
one of the most active trial lawyers at the time immediately follow- 
ing the establishment of our county, and was the attorney for the de- 
fendant in the first action noted on our Common Pleas Court 
minutes at the first session of the court, and the court records show 
the large and varied practice he and his firm of Childs & Stebbins 
enjoyed for many years. 

He was appointed Master in Chancery in 1806 and was one of 
the board of the first trustees of the village of Cazenovia when in- 
corporated in 1810. He was President of the old Madison County 
Bank and from 1819 to 1822 he was State Senator from this dis- 
trict. In January, 1822, he was elected one of the famous ''Counsil 
of Appointment" which had the selection of many of the State and 
local officers. His palatial residence and grounds was one of the 
ornaments of this beautiful lake village, and he was the grandfather 
of Mrs. JoJm Stebbins, who later owned it. Charles S. Fairchilds, 
who was one of President Clevelaud's cabinet officers, was his grand- 
son. He died at Cazenovia in 1 835. 

HARRIS COATS MINER 

Mr. Miner was born at Pliarsalia, Chenango County, August 
31, 1817, and his rather limited education was received at the 
Pitcher Springs Academy. His ancestors came from Connecticut 
and were early settlers in the locality. He remained on the farm 
until about twenty-one, when he came to DeRuyter and was em- 
ployed in the store of Israel Smith for about nine years. When 
Saclock T. Bentley, his townsman, was elected County Clerk, in 
1843, Miner went with him to Morrisville, where he was Deputy 
County Clerk for three years. For about a year thereafter he en- 
gaged in mercantile business at Syracuse, where Milton S. Price 
and Judge Charles Andrews, then young men, clerked in his store. 
He married Cynthia Bunker, a DeRuyter girl, August 29, 1844, 
and his only child, a young lady of seventeen, died in 1869. 

While at Morrisville he devoted some time to the study of law 
and was admitted to the bar of the county December 26, 1849, and 
later at Cooperstown to all the State courts, and in 1867 to the U. S. 
Courts, He spent a long, active and useful life at DeRuyter, where 
he built up an extensive practice, first as a partner of A. Scott Sloan, 
then with his brother, R. L. Miner, from 1859 to '63, and again 



witli Lambert L. Kern from 1864 to '70. He died at Delluyter, 
January 28, 1894. 

He was Supervisor of his town in 1862, President of his vil- 
lage in 18G7, 18t)8 and 1872, and also held the offices of Town 
Clerk, trustee and other offices. 

He was a man of wonderful energy, strong nerve and powerful 
phvsique, which with a frank and generous nature enabled him to 
win a position of prominence in his profession and the community 
which his late start and limited education might otherwise have 
denied him. This portrait was presented to the county by his 
widow, Cynthia, now deceased. 



CHARLES MASON 

Judge Mason was probably the most distinguished jurist our 
county can lay claim to. For over twenty-two years he was Justice 
of the Supreme Court of the State for the Sixth District and his de- 
cisions, many of which will be found reported in the official reports 
of this State, bear witness to his high standing as a man of learning 
and keen intellect. On the death of Judge Wright of the Court of 
Appeals — the highest court of our State — he was appointed to that 
court under the provisions of the Constitution, where he served for 
the years 1808 and "69 and was forced to retire because of the age 
limit. 

He was born at Plattsburg, New York, June 18, 1810; 
studied with William Rogers of Watertowu, N. Y., and was ad- 
mitted to the bar. When Philo Gridley was appointed to the Cir- 
cuit Court bench he removed to Hamilton to take the place left va- 
cant by him there. 

He was elected District Attorney of the county, which position 
he resigned when elected Justice of the Supreme Court in June, 
1847. 

After his retirement from the Court of Appeals he was ap- 
pointed Clerk of the U. S. Circuit Court and removed to Utica, 
where he died May 31, 1879. He was a brother of the Judge of 
our county, Joseph Mason of Hamilton, still residing at that village. 
His picture hung in the chambers of Justice Forbes at Canastota for 
a number of vears and is now in those of the late Justice Coman. 



(37) 
THOiVIAS HILL HUBBARD 

Judge Hubbard was the first Surrogate of our county — then a 
sepai'ate office. His portrait hangs at the right of the Surrogate's 
trial bench. It was copied in 1890 by Marshall Bros, of Cazenovia 
from a painting by Harding at Washington, 1). C, in 1822, when 
he was about 40 years of age, and was presented to the (bounty by 
his son, Robert James Hubbard, father of Robert F. Hubbard of 
Cazenovia. 

This prominent man was born at New Haven, Conn., Dec. 8, 
1781; studied law at Troy, N. Y., and was admitted to the bar in 
1804 or J 805. He was the second attorney to settle in Hamilton, 
about 1805, and was very shortly appointed Surrogate, March 26, 
1806, when the county was formed. He was on hand at the first 
Common Pleas Court for our county June o, 1806, and with ten 
others, including Nathaniel King, Arthur Breese, John Kirkland and 
Perry G. Childs, was admitted to practice in the new court. The 
first case on record in the new county'^^ minutes was brought by 
him as attorney and defended by Perry G. Childs. At the June, 1810, 
term Hubbard and Hubbard & Smith had 41 cases brought for first 
orders. In 1813 he, with A. D. Van Home and Nehemiah Hunt- 
ington, were appointed to revise the Common Pleas Court Rules. 
He discharged the duties of Surrogate with much ability for nearly 
ten years until Feb. 26, 1816. He was appointed a commissioner 
under the Insolvent Law in 1812; Master in Chancery in 1815; 
District Attorney for the seventh district, Oneida, Herkimer, Madi- 
son and Otsego counties, 1816, and again for our own county in 
1818, when separate officers were appointed for each county, thus 
being also the first District Attorney for our separate county, and 
being, as I am informed, the second one ever appointed from the 
county. Daniel Kellogg was appointed District Attorney in 1809 
as stated in Judge Chester's I^egal and Judicial Historv of New 
York. 

He was twice elected Representative in Congress from the 17th 
District (Madison and Herkimer counties), serving the years 1817- 
1818, 1821-1822. He was a Presidential Elector in 1812, 1844, 
1852. He removed to Utica in 1824 and formed a partnership 
with Greene C. Bronson and was later appointed Clerk of the Su- 
preme Court, which position he held many years. He retired in 
later years, having accummulated ample means, and died at Utica, 



(3S) 

May 21, 1857. In her liistoi y, Mrs. Hammond says: "He was; a 
man greatly beloved for his many virtues and the purity of his life." 

OTIS P. GRANGER 

Mr. (iranger was born at Sutiield, C'ojiu,, February 21, 1 71*(), 
and was one of the ejirly settlers of Morrisville, where his life was 
spent. He was admitted to the bar at Utica, July 14, 182 J, and 
for over sixty years was a prominent lawyer at the county seat. April 
21, 1827, he was appointed by Governor DeWitt Clinton as Surro- 
gate of the county, which important office he held for twelve years 
until February 18, 1840, discharging the duties with much care and 
satisfaction. 

He was a delegate to the National convention at Baltimore 
when Martin Van Buren ^vas nominated for the Presidency. 

His death occurred at Mori-isville, August 23, 1883, and his 
portrait Mas presented to the county by his daughter, Mrs. Agnes 
E. Groves, now living in his fine old home at that place. 

DELOS W. CAMERON 

Mr. Cameron was born at Peterboro, Jauuary 13, 1832, where 
he received his preliminary education. He read law with Judge 
Sidney T. Holmes at Morrisville and was admitted to the bar in 
January, 18r)6. For a couple of years he practiced at Chittenango 
and in 1 858 removed to Cazenovia, where he was located imtil his 
death, which occurred in June, 1905. 

In 18B2 he was elected District Attorney for the county, which 
position he held with much distinction for the term of three years. 
He was called upon to prosecute one of the dreaded Loomis "gang," 
and after sec-uring a conviction after a hard fight was much chagrined 
when the court only imposed a fine of $50, which was promptly 
paid by the defendant in court. 

He was Collector of Internal Revenue for the twenty-second'Dis- 
trict of New York in 1870 and '71, and was Keferee in Bankruptcy 
for the county under the last act. which office he held at the time of 
his death. 

He was well versed in the law, and noted for his correct 
interpretation of the statutes. This coupled with his keenness, activ- 



ity and forceful pleading won for him au extensive practice during the 
eaidy years. Judge M. H. Kiley studied with him, and after hi.s 
admission was for a time in partnership with him, the firm being 
known as Cameron & Kiley. 

This picture was presented to the county by hi;? wife, Ellen, 
now living at Gazenovia, and was made from a phototiraph taken 
about 1886 or '87. 



WILLIAM E. LANSING 

Mr. Lansing for thirty years A\af< a successful practitioner at 
Chittenaugo. At one time he was going over with an important 
witness the testimony she was to give in one of his cases and discov- 
ered that she was living with a man not her husband. Fearing she 
would be questioned about this on cross-examination, he instructed 
her to refuse to answer and state that she stood on her privilege. On 
being asked the expected question, she naively answered, "That's mv 
privilege." 

Mr. Lansing was born at Perryville, N. Y., December 2], 
1822, studied and graduated from Cazenos^ia Seminary in 1841, went 
to Utica and studied law under Judge Charles Mason from 1841 to 
'45, and was admitted to the bar in May, 1845. He was also in 
1^71 admitted to practice in the U. S. Supreme Court. The same 
year he began the practice at Chittenango with the firm of Lansing 
& Kennedy and later Lansing & Kellogg. He was elected District 
Attorney for the county in 1850 and served one term; was President 
of Chittenango in 1853, at which time he was one of the directors of 
the Chittenango Bank, and in 1855 was elected County Clerk for 
one term. In 1861 he was elected Member of Congress and was 
subsequently elected to the same ofiice in 1871. Very soon after 
the expiration of his last term he moved to Syracuse, where in 1876 
he formed a partnership with F. A. Lyman, the firm being known 
as Lansing & Lyman, and which existed until the time of his death. 
He died at Syracuse, July 29, 1882. 

The likeness from which the picture was taken and which 
hangs in the County Clerk's office was taken about 1880 and the 
picture was presented to the county by his daughter, Jessie Lansing 
Crouse of Svracuse. 



(40) 
LORING FOWLER 

Mr. Fowler was one of the promineDt attorneys of Cauastota. 
He was born at Peterboro, N. Y., August 11, 1815. His picture, 
which hangs in the County Clerk's office, was copied by Logan 
from a photograph taken at Albany when Mr. Fowler was a member 
of the State Constitutional Convention of 186S. It was presented 
to the county by his son, John Curtis Fowler, now residing at Syra- 
cuse. 

Mr. Fowler was a prominent and highly respected citizen of 
his town, holding the offices of Justice of the Peace and School 
Commissioner of the town in the 'fifties and also that of President of 
Canastota about the same time. He was admitted to the bar at 
Cooperstown in 1849. In 1861 he was elected County Clerk for 
the terra 1862-65 and in 1868 was a member of the Constitutional 
Convention as above mentioned. He was also one of the directors of 
the C, C. & DeRuyter Railroad Company in 1869. He died at 
Canastota, May 9, 1888, at the age of 72. 

LUCIUS P. CLARK 

Lucius P. Clark was a native of Brookfield, being born at 
Clarksville, Januar}- 27, 1822, and was Postmaster at that village 
before removing to Morrisville, where he spent his active life. In 
1850-52 he was Deputy County C'lerk to Lorenzo Dana, and 
though a Democrat was elected to succeed him for a term of three 
years. He was admitted to the bar in 1 855, and in 1856 was defeated 
as candidate for Congress. He was elected President of the village 
of Morrisville in 1862 and was a recrnting agent for Madison 
county in war times in 1863. His practice was largely office work 
and counsel. He also carried on a large loan business at one time 
and he was a commissioner of pensions. He took an active interest 
in the Congregational Church at Morrisville and was leader of the 
church choir up to the time of his death. He was prominent in all 
local enterprises and was a trusted and highly respected citizen. His 
popularity enabled him to be again elected County Clerk for the 
term 1873-76. He died at Morrisville February 23, 1891. 

ZADOCK T. BENTLEY 

Mr. lientley was born in W^ashington county, August 8, 1807, 
and was a son of a farmer who removed to DeRuvter when Zadock 



(il) 

was a boy. While working on the farm he secured such education 
as the locality afforded and he then studied law with Hon. Alonzo 
G. Hammond of Rensselaer county summers and taught school 
winters, later completing his studies with Judge Darwin Smith at 
Rochester. He was admitted to the bar in 1833 and immediately 
opened an office in his home village of DeRuyter in partnership with 
George W. Stone, where the firm of Stone & Bentley on one side of 
the street and Lorenzo and Luman Sherwood on the other kept the 
community legally animated until 1(S40. He was Clerk of the vil- 
lage in 1835 and '36 and its President in 1841. In 1843 he was 
elected County Clerk and in 1844 removed to Morrisville, where he 
continued to practice for seventeen years. He removed to Oneida in 
1862 and died at the latter place, July 4, 1870, of paralysis. He 
was one of the directors of the First National Bank of Oneida in 
1865. He was a well read lawyer and a capable advocate. 

He had a brother, A. V. Bentley, who studied with him at De- 
Ruyter and was admitted to the bar in 1842, and who afterwards 
contested several cases with him with great tenacity. He abandoned 
active practice later and was elected Justice of the Peace in that 
town for twenty-five years, and was a large and trusted conveyancer 
of real estate. 




567 



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